Rajesh Kumar vs Chairman Cum Managing Director & Others

L. Narasimha Reddy, J

The applicant was appointed as Driver in Delhi Transport Corporation (DTC) in the year 2009. The appointment was on the basis of Heavy Motor Vehicle (HMV) Driving License, stated to have been issued by the Regional Transport Authority, Mathura, U.P. After making appointment of Drivers, the Corporation has taken up the verification of genuineness of driving licences. In the case of the applicant, the Regional Transport Authority, Mathura issued a reply dated 07.04.2016 stating that their Office, has not issued any driving license to the applicant at all. Taking the same into account, disciplinary proceedings were initiated against the applicant and he was removed from service.

The applicant initially filed O.A. No.3829/2016. It was allowed on 08.11.2016 on the ground that regular inquiry was not conducted. Against the said order, the respondent filed Writ Petition (C) No.1183/2018 before the High Court of Delhi. The Writ Petition was disposed of on 13.08.2020 directing that the respondents shall issue a show cause notice and pass reasoned order, after considering the explanation from the applicant. Thereafter, the applicant was issued a show cause notice on 24.10.2019 and he submitted a reply to the same. On consideration of the reply of the applicant, the disciplinary authority passed an order dated 12.02.2020 imposing the punishment of dismissal from service. Aggrieved by that, the applicant preferred an appeal before the competent authority. That was rejected on 15.09.2020 on the ground of limitation.

The applicant contends that the delay in submitting the appeal to the show cause notice was occurred on account of Covid Pandemic and though the Hon'ble Supreme Court in Suo Moto Writ Petition (C) No.03/2020 & batch directed that the limitation shall stop running during this time, the appeal was not entertained.

We heard Mr. Deepak Anand, learned counsel for applicant and Mr. Manish Garg, learned counsel for respondents, through video conferencing.

The applicant was appointed as a Driver on the basis of a driving license issued by the Regional Transport Authority, Mathura, U.P. The verification revealed that the driving license was a fake one. He was issued a show cause notice and order for termination was passed. This Tribunal has set aside the order of termination on the ground that detailed inquiry was not conducted. The Writ Petition preferred against the order of the Tribunal was disposed of with a direction to issue a show cause notice to the applicant, and in compliance with the same, the disciplinary authority passed the order dated 12.02.2020.

The only ground on which the appeal, preferred by the applicant was rejected, was the one of limitation. The Hon'ble Supreme Court took suo moto notice of the situation that arose on account of covid pandemic and directed that the appeal / revision preferred during this period, shall not be rejected on the ground of limitation. We are of the view that the impugned order needs to be set aside.

We, therefore, allow the O.A. and set aside the impugned order dated 15.09.2020. We direct that the appeal of the applicant shall be entertained and an order thereon shall be passed on merits, in accordance with law.

There shall be no order as to costs.